Category Archives: Estate Trust Litigation
How Much Time Does a Creditor Have to File a Lawsuit Against an Estate?
Florida probate law imposes a set of deadlines on creditor claims against an estate. The basic rule is that a creditor must present a claim to the personal representative of the estate within the later of 30 days after being served a notice of the estate’s probate or 3 months after said notice is… Read More »
Time Limitations to Challenge a Trust in Florida
The process of challenging a trust is complex and can take a toll on any individual. It involves legal and financial intricacies that require the services of an experienced attorney. One of the most important aspects to understand when filing a claim against a trust is the time limitations in place. If you are… Read More »
The 5 Risks of Being Personal Representative
Being appointed Personal Representative is an honor, but it comes with many risks. A Personal Representative is responsible for managing the estate of a deceased individual. This entails a lot of work and responsibility, and the executor may face many challenges throughout the process. If you were appointed Personal Representative in Florida – you… Read More »
Who Has the Right to Make Funeral Arrangements in Florida?
Florida Statutes § 497.005(43) gives certain “legally authorized persons” the right to make funeral arrangements. The right to make decisions regarding the decedent’s body and funeral services goes to the following individuals in this particular order: The deceased person, if they left written directions for the funeral before their death; The deceased person’s surviving… Read More »
What Does an Estate Litigation Lawyer Do?
The passing of a loved one can be extremely heart-wrenching and emotionally difficult to deal with. However, things can quickly become even more complex if legal disputes arise over their estate, last will, or testament. Estate litigation lawyers are specialized attorneys who assist with managing potential disputes and finding the right solutions for all… Read More »
What Is a No-Contest Clause in a Will?
Contesting a will can be a challenging and lengthy process, but what if the will you are trying to contest has a no-contest clause? This clause essentially disincentivizes beneficiaries from challenging the validity of a will by forfeiting their inheritance if they do. Our Pompano Beach estate litigation lawyer at Mark R. Manceri, P.A.,… Read More »
What Happens to Unpaid Bills in Probate?
The death of a loved one is an emotional and trying time. The last thing the surviving family members want is to be left dealing with the deceased loved one’s unpaid debts. Unfortunately, unpaid bills after someone’s death are not uncommon, and they can add additional stress to the already difficult grieving process. If… Read More »
Can Convicted Felons Serve as Personal Representatives in Florida?
Unforeseeable circumstances can turn our lives upside down, and sometimes, one’s reputation may be at stake due to unforeseen occurrences, such as the commission of a felony. Nonetheless, certain rules apply in Florida when one has a criminal conviction on their record. If you want to petition the court to remove a personal representative… Read More »
The Non-Claim Statute in Florida
Handling the probate process can be an overwhelming experience, especially for individuals who are new to the field. One of the many aspects to understand when dealing with probate in Florida is the non-claim statute. The non-claim statute is a legal provision that governs the time frame for creditors to file claims against the… Read More »
Why Should A Personal Representative Have Legal Counsel?
Being appointed as a personal representative, also known as an executor, of a loved one’s estate can be overwhelming. Not only are you grieving and managing the loss of a loved one, but you are also tasked with the legal responsibilities of administering their estate. In these situations, it is essential for personal representatives… Read More »
Mark R. Manceri, P.A. is a boutique law firm that specializes in Estate, Trust and Guardianship litigation. These matters include Will and Trust contests involving lack of capacity, undue influence, forgery, improper execution and tortious interference...